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King no more: dealing with unethical client requests

Agreeing to drafting a contract clause that you believe might be unethical could put you in breach of your regulatory obligations, warns Mena Ruparel

1 February 2019

Imagine this scenario, the basic facts of which were taken from a recent thread on Twitter: Kiran, who is a very wealthy businessman, instructs you to prepare a prenuptial agreement. He plans to marry his girlfriend, Zara in the near future and tells you that they have discussed and consented to the terms of the agreement. Kiran is 45 years old and has a substantial net worth. He is already a valued client of the firm, and you have been told by the commercial partner to treat him as such. Zara is 22 years old, she works as a musician and has no capital, property or pension entitlement.

He wants you to insert a clause in the agreement which requires Zara to perform sexual acts a minimum of three times per week. If Zara doesn’t fulfil the minimum requirement, she has to make up for it the next week. The remaining terms of the agreement are perfectly acceptable given the information you have.

VALUABLE WORK

You have never before been asked to dra...

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